Section NR 162.22 - Project eligibility(1) A municipality may receive financial assistance under this subchapter for a publicly owned project necessary to control storm water runoff pollution in order to achieve water quality standards, including publicly-owned storm water management projects on public or private land that are required by any of the following: (a) A WPDES storm water permit issued under subch. I of ch. NR 216.(b) A performance standard delineated under ch. NR 151.(c) A storm water management plan or other applicable plan approved by the department for purposes of managing runoff.(2) A project that is eligible under sub. (1) may consist of individual BMPs on private land that treat runoff and serve one or more private properties if the municipality satisfies all of the following: (a) Owns each individual BMP.(b) Is responsible for the proper installation, operation, and maintenance of each individual BMP.(c) Has unlimited access to each individual BMP at all reasonable times for the purposes of inspection, monitoring, construction, maintenance, operation, rehabilitation, and replacement of the BMP.(d) Establishes a comprehensive program for the regulation, inspection, operation, and maintenance of individual BMPs and for monitoring the impact of the BMPs on the groundwater where required by the department.(e) Complies with all other applicable requirements, limitations, and conditions for projects funded under this chapter.(3) The access required under sub. (2) shall be established through easements, ordinance, or covenants running with the land.(4) The department may require that the program established under sub. (2) (d) includes periodic testing of water from existing potable water wells and monitoring of aquifers in the area.Wis. Admin. Code Department of Natural Resources NR 162.22
Adopted by, CR 14-043: cr. Register June 2015 No. 714, eff.7/1/2015.Adopted by, CR 22-045: cr. Register October 2023 No. 814, eff. 11/1/2023